BHAGABHAI ALIAS SHAILESHKUMAR BACHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this Appeal against the judgment and order of conviction and sentence dated 29th August 2000 passed by the learned Additional Sessions Judge, Nadiad, in Special Case No.106 of 1998, whereby the learned Judge has convicted the appellant-accused under Sections 323 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period one year, and also imposed fine of Rs.1,000/-, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of three months whereas the original accused No.2 was acquitted from the charges levelled against him.

(2.) IT is the case of the prosecution that on 04th October, 1998 at about 09.00 hours, when the witness of the complainant was at near cross roads of primary school, the present appellant-original accused No.1 had given blow by handle of spade spade on his head, left ears and thus, injured the witness of the complainant. IT is also the case of the prosecution that the original accused No.2 has abused the complainant and witness by using words against their community. Therefore, a complaint to the said effect was registered with Mehmdabad Police Station.

(3.) THEREAFTER, the trial was conducted before the learned trial Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.